CRIMINAL LAW Flashcards
Second-Degree Murder
Second-degree murder is the unlawful killing of a person with malice aforethought.
Malice aforethought is established upon a showing of: (a) an intent to kill; (b) an intent to inflict great
bodily injury; (c) a reckless disregard of an extreme risk to human life (depraved-heart murder), such as shooting a gun in a crowded room; OR (d) an intent to commit an inherently dangerous felony under the Felony Murder Rule.
First-Degree Murder
First-degree murder is a killing that was deliberate (specific intent to kill) AND premeditated.
Murder–Transferred Intent Doctrine
Under the doctrine of transferred intent, if the defendant intended to kill one person, but mistakenly kills another, intent is transferred to the actual victim and the defendant is still liable.
Voluntary Manslaughter
Voluntary manslaughter is an (1) intentional killing, (2) of a person, (3) with adequate provocation. An adequate provocation reduces the murder charge to manslaughter.
Adequate provocation is established if: (1) the defendant was provoked (a sudden and intense passion caused him to lose control); (2) a reasonable person would have been provoked; (3) there was not enough time to cool off before the killing; AND (4) the defendant did not cool off before the killing.
Attempt–In General
- In most states, a person is guilty of attempt if the person: (1) had the specific intent to commit a crime; AND (2) took an overt act sufficiently beyond mere preparation (most states and the MPC require a “substantial step” toward the completion of the crime).
- The attempt merges with the underlying crime. Thus, a person CANNOT be convicted for attempting to commit a crime and the crime itself.
Attempt–Valid and Invalid Defenses
In most jurisdictions, abandonment or withdrawal is NOT a defense.
Legal impossibility is a defense to an attempt crime, but factual impossibility is NOT a defense.
